Donald Davis, Jr. v. State

• Court: District Court of Appeal of Florida
• Decided: July 3, 2017
• Docket: 5D17-671
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DONALD DAVIS, JR.,

Appellant,

v. Case No. 5D17-671

STATE OF FLORIDA,

Appellee.

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Opinion filed July 7, 2017

3.800 Appeal from the Circuit Court for Orange County, Marc L. Lubet, Judge.

Donald Davis, Jr., Crawfordville, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

This is an appeal from the trial court's order below granting in part and denying in

part Appellant's motion to correct illegal sentence filed pursuant to Florida Rule of Criminal

Procedure 3.800(a). On appeal, Appellant argues that the trial court erred when it

modified his sentence without holding a resentencing hearing. We agree, and remand

for resentencing. See § 775.082(3)(c), Fla. Stat. (2016); § 921.1402(2)(d), Fla. Stat. (2016); see also Kelsey v. State, 206 So. 3d 5, 10-11 (Fla. 2016) ("Because we determine

that resentencing is the appropriate remedy, the trial courts may embrace all of the

provisions of chapter 2014–220 [which was codified in sections 775.082, 921.1401, and

921.1402, Florida Statutes] and are not required to limit themselves to only applying the

judicial review provision."). The trial court's order is otherwise affirmed.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

TORPY, EVANDER, and EISNAUGLE JJ., concur.